U.S. Supreme Court pushes back decision on gay marriage cases

The U.S. Supreme Court has pushed back until Nov. 30 consideration of whether to take on the legal challenges to gay marriage.

The development, first outlined Tuesday by the widely followed Scotusblog website, would likely result in the high court releasing its decision on what gay marriage cases to review until the first week of December. The Supreme Court originally planned to consider the cases at its closed-door conference on Nov. 20, but the court docket now shows Nov. 30.

The Supreme Court is considering whether to accept review of several legal challenges to the federal Defense of Marriage Act, as well as California's Proposition 8, the voter-approved ban on same-sex marriage.

A federal appeals court earlier this year struck down Proposition 8, finding it unconstitutional because it stripped away the previous right of same-sex couples to marry in California. Proposition 8 supporters have asked the Supreme Court to take the case.

If the justices decline, the appeals court ruling would remain intact and California gay and lesbian couples would have the legal right to marry.

Several federal courts have found the federal government's restrictions on same-sex marriage rights unconstitutional, including a recent ruling out of New York. House Republicans, who are defending the law because the Obama administration considers it unconstitutional, are urging the Supreme Court to review those cases.

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Howard Mintz covers legal affairs. Contact him at 408-286-0236 or follow him at Twitter.com/hmintz